VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00360
Package ID: USCOURTS-cofc-1_21-vv-00360
Petitioner: Stephanie Stanton
Filed: 2021-01-08
Decided: 2024-04-29
Vaccine: influenza
Vaccination date: 2018-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Stephanie Stanton filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 15, 2018. The case was assigned to the Special Processing Unit. The respondent disputed that the Table elements for SIRVA were met, specifically arguing that Petitioner failed to establish the onset of pain within 48 hours of vaccination. The parties were ordered to file briefs on entitlement and damages, and the dispute was resolved via an expedited hearing on March 28, 2024. Petitioner sought $110,000.00 for actual pain and suffering, while the respondent recommended an award of $60,000.00 if entitlement was found. Chief Special Master Brian H. Corcoran issued a ruling on entitlement and damages. Based on the record and an oral ruling, the Chief Special Master found that Petitioner established the onset of pain within 48 hours of vaccination, satisfied all other SIRVA Table requirements, and met the additional requirements for residual effects lasting six months. The Chief Special Master awarded Stephanie Stanton a lump sum of $110,000.00 for actual pain and suffering, payable by check to Petitioner. This amount represents compensation for all damages available under Section 15(a) and does not require reduction to net present value as it is for actual, rather than projected, pain and suffering. The Clerk of Court was directed to enter judgment.

Theory of causation field:
Petitioner Stephanie Stanton filed a petition on January 8, 2021, alleging a SIRVA injury from an influenza vaccination on October 15, 2018. The case proceeded as a Table claim under 42 C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10). Respondent disputed that Petitioner established the onset of pain within 48 hours of vaccination. Chief Special Master Brian H. Corcoran presided. Following an expedited hearing on March 28, 2024, the Chief Special Master found that Petitioner established entitlement, including the onset of pain within 48 hours, all other SIRVA Table requirements, and residual effects lasting six months as required by Section 11(c). Petitioner was awarded $110,000.00 for actual pain and suffering. The award was a lump sum payable by check and did not require net present value reduction. Petitioner's counsel was John Robert Howie, and Respondent's counsel was Dorian Hurley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00360-0
Date issued/filed: 2024-04-29
Pages: 3
Docket text: **RE-DOCKETED 53 FOR ADMINISTRATIVE PURPOSES** PUBLIC DECISION (Originally filed: 3/28/2024) regarding 47 Ruling on Entitlement, DECISION of Special Master, Order on Motion for Ruling on the Record Signed by Chief Special Master Brian H. Corcoran. (fm) Service on parties made.
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Case 1:21-vv-00360-UNJ Document 54 Filed 04/29/24 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-360V
STEPHANIE STANTON, Chief Special Master Corcoran
Petitioner, Filed: March 28, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT AND DECISION AWARDING DAMAGES1
On January 8, 2021, Stephanie Stanton filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleged that she suffered a Table injury – shoulder injury related
to vaccine administration (“SIRVA”), as the result of an influenza (“flu”) vaccination
received on October 15, 2018. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters. Because entitlement was contested, the
parties were ordered to file briefs addressing whether Petitioner has established a Table
1 Because this Ruling and Decision contains a reasoned explanation for the action taken in this case, it
must be made publicly accessible and will be posted on the United States Court of Federal Claims' website,
and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:21-vv-00360-UNJ Document 54 Filed 04/29/24 Page 2 of 3
case, and setting forth their respective arguments on damages should I find entitlement
in favor of Petitioner. The parties were subsequently notified that I would resolve this
dispute via an expedited “Motions Day” hearing, which ultimately took place on March 28,
2024.
Petitioner argues she has established a Table claim for SIRVA pursuant to 42
C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10) and seeks an award of $110,000.00 in
compensation for Petitioner’s actual pain and suffering. ECF No. 35. Respondent
disputes that the Table elements have been met, arguing that Petitioner has failed to
establish that she suffered the onset of pain within 48 hours of vaccination pursuant
C.F.R. §§ 100.3(a)(XIV)(B), 100.3(c)(10)(ii). ECF No. 42. Otherwise, if I find that Petitioner
has established a Table case, Respondent recommends an award of $60,000.00. Id.
After listening to the arguments of both sides, I issued an oral ruling on entitlement
and damages constituting my findings of fact and conclusions of law, pursuant to Section
12(d)(3)(A). An official recording of the proceeding was taken by a court reporter, although
a transcript has not yet been filed in this matter. I hereby fully adopt and incorporate that
oral ruling as officially recorded. In another recent decision I discussed at length the legal
standards to be considered in determining entitlement and damages and prior SIRVA
compensation within SPU. I incorporate herein my prior discussion in Sections V - VII of
Crawford v. Sec'y of Health & Hum. Servs., No. 19-0544V, 2024 WL 1045147, at *12-22
(Fed. Cl. Feb. 5, 2024) to the instant Ruling and Decision. Additionally, the official
recording of my oral ruling includes my discussion of various comparable cases as well
as specific facts relating to Petitioner’s medical history and experience that further
informed my resolution of this matter.
Based on my consideration of the complete record as a whole and for the reasons
discussed in my oral ruling, pursuant to Section 12(d)(3)(A) I find that Petitioner has
established establish that she suffered the onset of pain within 48 hours of her
vaccination, and that all other SIRVA Table requirements pursuant to 42 C.F.R. §§
100.3(a)(XIV)(B), 100.3(c)(10) were satisfied. Additionally, Petitioner has established the
additional requirements of Section 11(c), i.e., receipt of a covered vaccine, residual
effects of injury lasting six months, etc. See generally § 11(c)(1)(A)(B)(D)(E). I therefore
find that Petitioner is entitled to compensation in this case, and that $110,000.00
represents a fair and appropriate amount of damages for Petitioner’s actual pain and
suffering.3
3 Since this amount is being awarded for actual, rather than projected, pain and suffering, no reduction to
net present value is required. See Section 15(f)(4)(A); Childers v. Sec’y of Health & Hum. Servs., No. 96-
0194V, 1999 WL 159844, at *1 (Fed. Cl. Spec. Mstr. Mar. 5, 1999) (citing Youngblood v. Sec’y of Health &
Hum. Servs., 32 F.3d 552 (Fed. Cir. 1994)).
2

Case 1:21-vv-00360-UNJ Document 54 Filed 04/29/24 Page 3 of 3
Accordingly, I award Petitioner a lump sum payment of $110,000.00 in the form
of a check payable to Petitioner. This amount represents compensation for all damages
that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this Decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
3